Vinyl Italia SpA v Mediterranea di Navigazione SpA

European Union – Jurisdiction. The Court of Justice of the European Union gave a preliminary ruling in which it decided, among other things, that art 13 of Council Regulation (EC) No 1346/2000 should be interpreted to the effect that the form and the time-limit in which a person benefiting from an act that was detrimental to all the creditors should raise an objection under that article, in order to challenge an action to have that act set aside in accordance with the lex fori concursus, fell within the procedural law of the member state on whose territory the dispute was pending. The question whether that article could also be applied by the competent court of its own motion, if necessary, after the time-limit allowed to the party concerned has expired, also fell within that member state's procedural law.

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